Hanna Raymer v. United States

U.S. Court of Appeals for the Fourth Circuit

Hanna Raymer v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6658

HANNA LEE RAYMER,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Kenneth D. Bell, District Judge. (5:19-cv-00168-KDB)

Submitted: January 4, 2021 Decided: January 15, 2021

Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Hanna Lee Raymer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Hanna Lee Raymer seeks to appeal the district court’s order dismissing as untimely

her

28 U.S.C. § 2255

motion. See Whiteside v. United States,

775 F.3d 180, 182-83

(4th

Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year statute of

limitations, running from latest of four commencement dates enumerated in

28 U.S.C. § 2255

(f)). The order is not appealable unless a circuit justice or judge issues a certificate

of appealability.

28 U.S.C. § 2253

(c)(1)(B). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional right.”

28 U.S.C. § 2253

(c)(2). When, as here, the district court denies relief on procedural grounds, the

prisoner must demonstrate both that the dispositive procedural ruling is debatable and that

the motion states a debatable claim of the denial of a constitutional right. Gonzalez v.

Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Raymer has not made

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the

appeal of the denial of her § 2255 motion. We also reject Raymer’s contention that her

motion warranted relief under

28 U.S.C. § 2241

. We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before this court

and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished